Fillable Printable Summons with Minor Children - Wisconsin

Summons with Minor Children - Wisconsin

PRINT in BLACK ink

FA-4104V, 04/08 Summons-With Minor Children §§767.215(2m) and 801.095, Wisconsin Statutes

This form shall not be modified. It may be supplemented with additional material.

Page 1 of 3

Enter the name of the

county in which you are

filing this case.

STATE OF WISCONSIN, CIRCUIT COURT,

COUNTY

Enter your name (you are

the petitioner).

Enter your address.

For Official Use

On the far right, check

divorce or legal

separation.

In RE: The marriage of:

Petitioner:

First name Middle name Last name

Address

City State Zip

and

Enter your spouse’s name

(your spouse is the

respondent).

Enter your spouse’s

address.

Note: Leave case number

blank; the clerk will add

this.

Respondent:

First name Middle name Last name

Address

City State Zip

Summons

With Minor Children

Divorce-40101

Legal Separation-40201

Case No.

The State of Wisconsin, to the person named above as respondent:

You are notified that your spouse has filed a lawsuit or other legal action against you. The

Petition, which is attached, states the nature and basis of the legal action.

Within 20 days of receiving this Summons, you must provide a written response, as that

term is used in ch. 802, Wis. Stats., to the Petition. The court may reject or disregard a

response that does not follow the requirements of the statutes.

The response must be sent or delivered to the following government offices:

Clerk of Court

Name of county

Address

City State Zip

County Child Support Agency

Name of agency

Address

City State Zip

The response must also be mailed or delivered within 20 days to the petitioner at the address

above.

Enter the name and

address of the 2

identified government

offices.

DO NOT leave these

lines blank. You must

obtain these addresses

and fill them in, or your

Summons will be

incomplete and will harm

your case.

This information may be

available in the local

phone book under

listings for the county or

from your local Clerk of

Court’s office.

Summons – With Minor Children Page 2 of 3 Case No. ____________

FA-4104V, 04/08 Summons-With Minor Children §§767.215(2m) and 801.095, Wisconsin Statutes

This form shall not be modified. It may be supplemented with additional material.

Page 2 of 3

It is recommended, but not required, that you have an attorney help or represent you.

If you do not provide a proper response within 20 days, the court may grant judgment against

you, and you may lose your right to object to anything that is or may be incorrect in the

Petition.

A judgment may be enforced as provided by law. A judgment may become a lien against any

real estate you own now or in the future, and may also be enforced by garnishment or seizure

of property.

If you need help in this matter because of a disability, please call:

Sign and print your

name.

Enter the date on which

you signed your name.

Note: This signature

does not need to be

notarized.

Signature

Print or Type Name

Date

You are notified of the availability of information from the Family Court Commissioner as set forth in sec.

767.105 Wis. Stats.

767.105 Information from Family Court Commissioner.

(2) Upon the request of a party to an action affecting the family, including a revision of judgment or order

under sec. 767.59 or 767.451:

(a) The Family Court Commissioner shall, with or without charge, provide the party with written

information on the following, as appropriate to the action commenced:

1. The procedure for obtaining a judgment or order in the action.

2. The major issues usually addressed in such an action.

3. Community resources and family court counseling services available to assist the parties.

4. The procedure for setting, modifying, and enforcing child support awards, or modifying and

enforcing legal custody or physical placement judgments or orders.

(b) The Family Court Commissioner shall provide a party, for inspection or purchase, with a copy of the

statutory provisions in this chapter generally pertinent to the action.

You are notified that if the parties to the action have minor children, violation of the following criminal

statute is punishable by fines and/or imprisonment as set forth in sec. 948.31 Wis. Stats.

**IMPORTANT NOTICES**

Summons – With Minor Children Page 3 of 3 Case No. ____________

FA-4104V, 04/08 Summons-With Minor Children §§767.215(2m) and 801.095, Wisconsin Statutes

This form shall not be modified. It may be supplemented with additional material.

Page 3 of 3

948.31 Interference with custody by parent or others.

(1) (a) In this subsection, "legal custodian of a child" means:

1. A parent or other person having legal custody of the child under an order or judgment in an action for

divorce, legal separation, annulment, child custody, paternity, guardianship or habeas corpus.

2. The department of children and families or the department of corrections or any person, county department

under sec. 46.215, 46.22 or 46.23 or licensed child welfare agency, if custody or supervision of the child has

been transferred under chapter 48 or chapter 938 to that department, person or agency.

(b) Except as provided under chs. 48 and 938, whoever intentionally causes a child to leave, takes a child

away, or withholds a child for more than 12 hours beyond the court-approved period of physical placement

or visitation period from a legal custodian with intent to deprive the custodian of his or her custody rights

without the consent of the custodian is guilty of a Class F felony. This paragraph is not applicable if the court

has entered an order authorizing the person to so take or withhold the child. The fact that joint legal custody

has been awarded to both parents by a court does not preclude a court from finding that one parent has

committed a violation of this paragraph.

(2) Whoever causes a child to leave, takes a child away or withholds a child for more than 12 hours from the

child's parents, or in the case of a nonmarital child whose parents do not subsequently intermarry under sec.

767.803, from the child's mother, or if he has been granted legal custody, the child's father, without the

consent of the parents, the mother or the father with legal custody, is guilty of a Class I felony. This

subsection is not applicable if legal custody has been granted by court order to the person taking or

withholding the child.

(3) Any parent, or any person acting pursuant to directions from the parent, who does any of the following is

guilty of a Class F felony:

(a) Intentionally hides a child from the child's other parent.

(b) After being served with process in an action affecting the family but prior to the issuance of a temporary

or final order determining child custody rights, takes the child or causes the child to leave with intent to

deprive the other parent of physical custody as defined in sec. 822.02(9).

placement, takes a child from or causes a child to leave the other parent in violation of the order or withholds

a child for more than 12 hours beyond the court-approved period of physical placement or visitation period.

(4) (a) It is an affirmative defense to prosecution for violation of this section if the action:

1. Is taken by a parent or by a person authorized by a parent to protect his or her child in a situation in which

the parent or authorized person reasonably believes that there is a threat of physical harm or sexual assault to

the child;

2. Is taken by a parent fleeing in a situation in which the parent reasonably believes that there is a threat of

physical harm or sexual assault to himself or herself;

3. Is consented to by the other parent or any other person or agency having legal custody of the child; or

4. Is otherwise authorized by law.

(b) A defendant who raises an affirmative defense has the burden of proving the defense by a preponderance

of the evidence.

(5) The venue of an action under this section is prescribed in sec. 971.19(8).

(6) In addition to any other penalties provided for violation of this section, a court may order a violator to pay

restitution, regardless of whether the violator is placed on probation under s. 973.09, to provide

reimbursement for any reasonable expenses incurred by any person or any governmental entity in locating

and returning the child. Any such amounts paid by the violator shall be paid to the person or governmental

entity which incurred the expense on a prorated basis. Upon the application of any interested party, the court

shall hold an evidentiary hearing to determine the amount of reasonable expenses.